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(영문) 서울중앙지방법원 2016.06.30 2015가합559252

위약금

Text

1. The Defendant’s KRW 500,000,000 as well as the Plaintiff’s annual rate from October 14, 2015 to June 30, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a shareholder of B Co., Ltd. (hereinafter “B”), who holds 431,600 shares issued B, and the Defendant is a shareholder and the present representative director of B, who holds 502,66 shares issued B.

B. The former representative director of B was C, but C had been discharged from the office of representative director on February 19, 2008, and on March 7, 2008, the Defendant was appointed as the representative director of B in the form of provisional payment from B for several years.

Article 1 (Purpose of Agreement) The purpose of this Arrangement is to stipulate clearly the cooperation and rights obligations between the parties in making emergency measures for the normalization of B, recognizing that the occurrence of continuous problems, such as insolvency, is anticipated, and that there is no prompt correction thereof, due to the single and abnormal actions of C, while in the management of B, by the Plaintiff (Plaintiff), B (N&T Venture Investment Company), D (Defendant), C (Defendant) and C (Defendant).

Article 2 (Terms of Agreement) (1) B, C, and C, for two years from the date of the conclusion of this Agreement, shall delegate the voting rights of the general meeting of shareholders to A, and provide A with all necessary documents immediately upon request of A.

except that, within the above period, if B is listed on the Korea Securities and Futures Exchange (Listing or KOSDAQ on the securities market) or sold (including management rights) to a third party to which the parties agree, the effect of this paragraph shall be deemed to be null and void from that date.

(2) A, B, C, and P, for two years from the date this Agreement is concluded, shall be dealt with by the board of directors after prior consultation.

In addition, if there is a different opinion on the agenda of the board of directors, A shall arbitration and have sufficient consultation in advance, and if there is a different opinion, A shall comply with A's decision.

The contents of this paragraph.